If you are a survivor of sexual abuse and considering legal action, you may be asking: “What happens next?” For many people, the idea of filing a lawsuit feels overwhelming—especially after already experiencing deep trauma.
The truth is, the civil justice process does not have to be intimidating. In Missouri, survivors can pursue compensation and accountability through a structured legal path that puts their needs and safety first.
This guide breaks down each stage of a civil lawsuit so you can understand what to expect and how a trauma-informed legal team can support you along the way.
What Is a Civil Lawsuit?
A civil lawsuit is a legal claim brought by an individual—not the government—against a person or organization that caused them harm. Unlike a criminal case, which seeks punishment through jail or probation, a civil case seeks accountability in other ways, like changes in hiring or training practices and financial compensation.
You do not need a criminal conviction to file a civil case. In fact, many survivors choose the civil route even when the criminal system has declined to act.
Step One – Confidential Consultation
Your journey begins with a private, no-obligation meeting with a lawyer. At this consultation, you can:
- Share your story in a safe and judgment-free space
You can describe what happened in your own words, at your own pace, without pressure or expectations. - Learn your legal rights and options
Your attorney will explain how Missouri law applies to your situation and whether you may have grounds to file a lawsuit. - Ask questions about what happens next
You can ask anything—from timeline to cost to privacy concerns—so you understand what the process would look like.
Step Two – Investigation and Case Review
Once you decide to pursue legal action, your legal team will begin gathering evidence. This phase includes:
- Reviewing medical and therapy records
These documents can help show the emotional and physical impact of the abuse, such as PTSD diagnoses, prescription history, or counseling sessions. - Collecting digital and written communications
Text messages, emails, social media posts, or handwritten notes may support your claim by showing threats, admissions, apologies, or disclosures to others. - Interviewing potential witnesses or support persons
Friends, family members, teachers, or coworkers who noticed behavioral changes or were confided in may be important to corroborate your experience. - Investigating the background of the defendant or institution
Your attorney may uncover prior complaints, warning signs, or policies that were violated—especially if the abuse occurred at a school, church, or youth program. - Contact the opposing party and their insurer
Your attorney will contact the opposing party and their insurer and offer them the opportunity to take accountability privately, before any public lawsuit is filed.
Step Three – Filing the Lawsuit
When your attorney believes the case is ready, they will file a formal complaint in civil court. This document outlines:
- The facts of the case
It explains what happened, when, where, and how you were harmed. - Who is being sued and why
This may include not just the abuser, but also an employer, school, church, or other institution that enabled or ignored the abuse. - The damages you are seeking
Your complaint will state the financial and non-financial relief you are asking the court to award, including compensation for emotional harm. - Your privacy protections, if needed
In many sexual abuse cases, your lawyer will request that you be allowed to proceed as “Jane Doe” or “John Doe” to keep your name out of public records.
Step Four – Discovery Phase
Discovery is the formal exchange of evidence between both sides. It typically includes:
- Written questions and answers (interrogatories)
You may be asked to respond to specific questions in writing. Your attorney will help you craft accurate, thoughtful responses. - Requests for documents
Both sides can ask for documents such as medical records, employment files, disciplinary reports, or internal emails related to the abuse. - Depositions (oral testimony)
You and the other parties may be questioned under oath in a private office, with attorneys present. This is not a courtroom. You can take breaks, and your attorney will prepare you and intervene as needed.
This phase allows each side to fully understand the case before trial and is often where settlements start to take shape.
Step Five – Settlement Discussions
Many civil cases are resolved without going to trial. This can happen through direct negotiation, mediation, or even during discovery. Settlement discussions often include:
- A proposed financial amount for damages
This may cover medical bills, therapy, lost wages, pain and suffering, and more. - Terms of confidentiality
Some defendants ask for nondisclosure agreements. Your lawyer will explain what this means and help you decide if it aligns with your goals. - Timeline of payment
Some settlements are lump sums, while others are paid over time or structured for long-term financial support. - Other non-monetary terms
In some cases, survivors request written apologies, changes in institutional policies, or acknowledgment of wrongdoing as part of the agreement.
Settlements give survivors more control over the outcome, allow for faster resolution, and keep the details private.
Step Six – Going to Trial
If no settlement is reached, your case may proceed to trial. Trials typically involve:
- Opening and closing statements from both attorneys
Each side presents their version of the facts to a judge or jury. - Presentation of evidence
This can include documents, photos, expert reports, and prior witness statements. - Testimony
You may testify about what happened. However, your legal team will request courtroom accommodations to reduce trauma, such as closing the courtroom or using video testimony. - A final verdict and damages award
If successful, the court may order the defendant to pay damages. If not, your legal team will discuss your right to appeal or alternative options.
Trials are emotionally intense but can offer powerful validation and public accountability.
How Long Does the Civil Process Take?
On average, civil abuse cases in Missouri take between 12 and 24 months from the time of filing. The timeline may include:
- 3 to 6 months for investigation and filing
- 6 to 12 months for discovery and pre-trial motions
- Additional time for settlement negotiations or trial scheduling
Factors like court availability, defendant cooperation, and case complexity can shorten or extend the process.
What If I Change My Mind?
You are never locked in. At any point in the process, you can:
- Pause the case
This allows you time to regroup or seek additional support without abandoning your claim. - Withdraw the lawsuit
You can choose to stop entirely. Your attorney will explain any implications, including whether the case can be refiled later. - Modify your goals
If you originally planned to go to trial but later want to settle, or vice versa, your legal team will adjust strategy to support you.
Your voice matters at every step.
What Are the Costs?
Most sexual abuse lawsuits are handled on a contingency fee basis, which means:
- No upfront fees
You do not pay to consult with a lawyer or to file your case. - No legal fees unless you win
Your attorney is only paid if your case results in compensation. Their fee is a pre-agreed percentage of the award or settlement. - Support for other expenses
If needed, your lawyer may advance the cost of experts, court filings, and depositions, and recover those costs from the final outcome.
This model ensures that survivors can access justice regardless of their financial situation.
What Damages Can I Recover?
Civil lawsuits aim to restore what was lost, and in some cases, to punish misconduct. Survivors may receive:
- Medical and therapy expenses
Costs of past, current, and future treatment related to trauma, including counseling and medication. - Lost income or earning potential
Compensation for time away from work, reduced ability to work, or job loss caused by the trauma. - Pain and suffering
Damages for emotional distress, anxiety, PTSD, humiliation, and loss of enjoyment of life. - Punitive damages
These are awarded to punish especially harmful behavior and deter similar conduct in the future.
Every case is unique. Your legal team will assess what applies in your situation and help you calculate damages fairly.
Do I Need to Testify?
Not necessarily. Most civil cases are resolved through settlements, meaning there is no courtroom testimony. If your case does go to trial:
- You will receive coaching and support
Your attorney will walk you through every question and prepare you emotionally and legally. - The court may allow special protections
Missouri law allows survivors to testify using a pseudonym, in closed courtrooms, or by video, especially in cases involving minors or retraumatization risks. - You are never alone
A trauma-informed legal team will be by your side and ensure your safety and comfort are prioritized.
You Are Not Alone in This Process
Filing a lawsuit after abuse is an act of courage. You do not have to do it alone. Your legal team will:
- Listen without judgment
- Keep your information private
- Move at your pace
- Support your healing as much as your case
Civil justice is not about reliving the trauma—it is about reclaiming your power and your voice.
Let’s Take the Next Step Together
If you are considering a civil lawsuit, you deserve clear answers and compassionate guidance. At O’Brien Law Firm, we offer:
- Private, confidential consultations
No pressure. Just information, options, and support. - Trauma-informed representation
We understand the emotional weight of these cases and will treat you with care and dignity. - Experienced legal strategy
Our team is experienced in Missouri sexual abuse law and civil litigation. - Support at every stage
Whether you want to settle quietly or take your case to trial, we are here to fight for what is best for you.
Contact us today to schedule your free consultation. Let us help you understand your rights and take the next step—on your terms.